On October 8, 2026, DHS published a proposed rule in the Federal Register that would attach a fee to Optional Practical Training for F-1 students. The notice proposes $70,000 for a student’s initial OPT and $30,000 for any subsequent OPT. This is a proposal, not a rule in effect, and DHS says it will review public comments before deciding whether to finalize it. In July we wrote about press reports of a possible $100,000 OPT fee, in Reports of a Possible $100,000 OPT Fee: What’s Actually Confirmed So Far. The published proposal uses different amounts than that reported figure.
Who Would Pay the Fee
The proposal places the payment obligation on the SEVP-certified school, not on the student or the employer. A school would have to pay before its designated school official can enter an OPT recommendation in SEVIS, and USCIS would not grant employment authorization until the fee has been paid. The notice acknowledges that schools might pass the cost along to students or employers, but it does not require them to. How individual schools would respond is not yet known.
Which OPT Periods Are Covered
The $70,000 amount applies to a student’s first OPT recommendation, whether pre-completion or post-completion. The $30,000 amount applies to any later recommendation, whether it is another pre-completion period, post-completion OPT, or a STEM OPT extension. Under that wording, a student who uses pre-completion OPT and later seeks post-completion OPT would trigger both amounts. The notice states that changing employers, or staying with the same one, does not change this. DHS also asks for comment on an alternative that would apply the $70,000 amount again when a student begins OPT after moving to a higher degree level. That alternative is not part of the proposal itself.
Refunds, Timing, and Comments
A school could request a refund if the student does not receive an employment authorization document. The initial fee would not be refunded once the student has received one, and SEVP’s decisions on refund requests would be final and not appealable. If a final rule is issued, it would take effect 60 days after publication and apply to recommendations dated on or after that date. Comments are due by November 9, 2026, and must be submitted through regulations.gov under docket ICEB-2026-0100. DHS states that comments sent by email or mail will not be considered. Comments on the information collection are due by December 7, 2026.
What DHS Says About the Purpose
The notice describes the fees as a response to fraud, including shell employers, and as a way to protect U.S. workers. It says the initial amount was set to be comparable to the H-1B fee. DHS also indicates that without new fees it may be unable to run OPT consistent with its priorities, and it raises the possibility of ending the program. DHS relies on its general authority under the Immigration and Nationality Act, including section 214(a), and proposes to deposit the fees in the U.S. Treasury instead of keeping them within DHS. Several law firms expect the rule to be challenged in court if it is finalized.
What Students, Schools, and Employers Can Do Now
Nothing in the proposal changes OPT today. Under the current rules, eligible students can still receive up to 12 months of OPT at each education level, and STEM degree holders may qualify for a 24-month extension. Students who plan to apply should keep following those rules and ask their DSO how the school intends to handle the proposal, especially if an OPT recommendation might be dated near a future effective date. Employers that hire OPT students should watch for questions about cost sharing from universities. Schools, students, and employers can all submit comments during the open period.
Is the OPT fee in effect now?
No. It is a proposed rule. Nothing changes unless DHS issues a final rule after reviewing the comments it receives.
Who would pay the proposed OPT fee?
The proposal makes the SEVP-certified school responsible for the payment. The notice acknowledges that a school could pass the cost on, but it does not require that.
Would the fee apply to students who are already on OPT?
The notice describes the rule as applying going forward, to recommendations dated on or after the effective date of a final rule, so it would not reach OPT that has already been approved. Because the notice also refers to students who apply for OPT after that date, students with plans near the effective date should ask their DSO how timing would be handled.
Does changing employers trigger another fee?
No, according to the notice. The fee is tied to the school’s OPT recommendation, not to an employer change.
How can I submit a comment on the proposed rule?
Use regulations.gov and reference docket ICEB-2026-0100. Comments must be received by November 9, 2026, and the notice says comments sent by email or mail will not be considered.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.